Hit by a Company Vehicle in Louisiana? Here’s What You Need to Know

If the driver who caused your Louisiana accident was operating a company truck, work van, delivery vehicle, fleet car, or other business vehicle, the driver’s employer or another company may potentially become part of the claim.

That makes one question especially important:

Was the driver working when the accident happened?

The answer can affect who may be responsible and which insurance policies potentially apply.

What Counts as a Company Vehicle?

The term "company vehicle" can cover many types of vehicles.

Examples include:

• Company pickup trucks
• Delivery vans
• Plumbing or HVAC vehicles
• Construction trucks
• Utility vehicles
• Landscaping trucks
• Corporate cars
• Fleet vehicles
• Service vans
• Box trucks
• Commercial SUVs
• Employer-owned vehicles

A company vehicle does not have to be a semi-truck.

Even an ordinary-looking pickup truck may be owned by a corporation and insured through a commercial policy.

What Should I Do Immediately After the Accident?

First, address your medical needs and contact law enforcement when appropriate.

Then document as much information as reasonably possible.

If you can safely do so, photograph:

• The company vehicle
• Company logos
• Business names
• License plates
• DOT numbers
• Vehicle damage
• Your vehicle damage
• The roadway
• Traffic signs or signals
• Debris
• Visible injuries

Obtain witness information as well.

If the driver says something such as "I’m on my way to a job," "I’m making a delivery," or "this is my company’s truck," remember that information and provide it to your attorney.

It could become relevant when determining whether the driver was performing work-related duties.

Can the Company Be Responsible?

Depending on the facts, yes.

A company may potentially have legal responsibility for an employee’s actions when the employee causes an accident while acting within the course and scope of employment.

However, employer responsibility is fact-specific.

An investigation may examine where the driver was going, what task was being performed, whether the company directed the trip, who owned the vehicle, and the driver’s relationship with the business.

Other theories of responsibility may also need to be investigated depending on the facts.

Why Does the Company’s Involvement Matter?

The involvement of a business can change the structure of the case.

Instead of investigating only the individual driver, an attorney may need to investigate the employer and other companies connected to the vehicle.

That can reveal evidence unavailable in a normal passenger-car accident.

For example, a business may possess:

• GPS information
• Vehicle tracking records
• Work schedules
• Dispatch information
• Maintenance records
• Driver files
• Training records
• Company policies
• Internal accident reports
• Vehicle video

The availability of particular evidence depends on the company and vehicle.

Does the Company Have More Insurance?

Possibly, but it should never simply be assumed.

Commercial automobile insurance policies vary substantially.

Some businesses may have additional layers of coverage, while others may have different insurance structures.

An attorney can investigate which policies potentially apply rather than relying solely on assumptions based on the size of the company.

The key is identifying the correct defendants and insurance coverage.

What If the Driver Says He Is an Independent Contractor?

The label "independent contractor" does not necessarily answer every question.

The relationships among the driver, company, vehicle owner, and other businesses may need closer examination.

The actual circumstances can matter.

Who controlled the work?

Who provided the vehicle?

Whose business was being performed?

What agreements existed?

What company was represented on the vehicle?

These are fact-specific legal questions.

What If I Suffered Serious Injuries?

Serious injuries can substantially increase the complexity of a commercial accident claim.

Suppose an injured person requires surgery and months of rehabilitation.

The financial consequences may include more than the emergency-room bill.

There could be future treatment, rehabilitation, lost wages, reduced earning ability, permanent restrictions, and continuing pain.

A catastrophic injury could affect the person’s ability to work or live independently for years.

Those future consequences should be considered when evaluating a serious injury claim.

Why Evidence Preservation Matters

Commercial evidence may be extremely valuable.

However, some records may not be retained forever.

An attorney may take steps to request preservation of relevant evidence when appropriate.

Potential evidence could include vehicle data, electronic logs, video recordings, inspection documents, maintenance records, communications, and other business information.

This is one reason waiting too long to investigate a serious commercial accident can create problems.

What If the Company or Insurer Offers Me Money?

A settlement resolves legal rights.

Before accepting compensation for a serious injury, it is important to understand what the settlement covers and whether future damages have been considered.

Once a claim is finally resolved, obtaining additional compensation later may not be possible.

This can become especially significant if you are still treating or doctors have not determined the full extent of your injuries.

Injured by a Company Driver in Louisiana?

If a company vehicle caused your Louisiana accident and you were not at fault, the case deserves an investigation that goes beyond the driver.

Jacqueline Scott & Associates can examine who owned the vehicle, who employed or controlled the driver, whether the driver was working, what companies may be responsible, and what insurance coverage potentially applies.

Contact Jacqueline Scott & Associates to discuss your company vehicle accident.

Make ’Em Pay.

Every case is different. Results depend on the facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.